Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58343 of 2021 Arising Out of PS. Case No.-122 Year-2021 Thana- MUSAHARI District- Muzaffarpur ====================================================== Rahul Kumar S/O Kishun Mahto R/O Village- Mushahari Radhanagar, P.S.- Mushahari, District- Muzaffarpur ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nachiketa Jha For the Opposite Party/s :

Ms. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Mushahari P. S. Case No.122 of 2021, instituted for the offences under Sections 399, 402, 414 and 307 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. The learned counsel for the petitioner submits that the petitioner is in custody since 16.07.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

Allegation is of recovery of one country-made loaded pistol along with a mobile and a motorcycle. It is further alleged that the petitioner revealed that the name of accused as Vishal Kumar, who fired at the police and fled and the name of other

Patna High Court CR. MISC. No.58343 of 2021(2) dt.07-03-2022 2/2 accused persons, who were arrested from their home except Vishal Kumar.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and even assuming what has been alleged is true without admitting, then it is the first offence of the petitioner and he is in custody for more than seven months and is a person with clean antecedent.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in this case and taking into consideration the submissions of the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-X, Muzaffarpur in connection with Mushahari P. S. Case No.122 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T